Vencor Hospitals v. Blue Cross Blue Shield of Rhode Island

In Vencor Hospitals v. Blue Cross Blue Shield, 169 F.3d 677 (11th Cir.1999), we vacated the district court’s judgment and remanded the case (which involves two consolidated law suits) for further proceedings. We held that an issue of fact existed as to whether Vencor was entitled to payment based on its ordinary charges. Because we were uncertain as to precisely what documents constituted the two contracts of insurance Blue Cross issued (to Butler and Esposito) — that is, whether state law required that an Outline of Coverage and a promotional brochure are part of the contracts — we remanded…